The EU social security Coordination Regulations envisage a special conflict rule that, under strict conditions, allows posted workers to maintain temporarily the social security insurance of the home Member State. The Portable Document A1 (PDA1), the proof of insurance, is a binding document for the institutions and courts of the host Member State that can only be invalidated or withdrawn by the institutions that issued it or by the corresponding national courts. The case-law of the European Court of Justice has clarified that under certain very specific circumstances a fraudulent foreign PDA1 can be disregarded by a Court, but never invalidated. Communication and collaboration between institutions of the issuing and receiving Member States and the judicial procedures for challenging a foreign PDA1 may need to be enhanced and improved, but the current rules of play respond to the logic of the Coordination Regulations, to sincere cooperation, to legal certainty, and to the uniqueness of the applicable law and the competent jurisdiction. The scarce available data shows that only a few of the three million PDA1s issued each year are being challenged. Given that the main role of the EU legislation is to protect workers, it does not seem logical to change the social security framework of posting, although it can be improved. Mutual trust must be restored.
This article provides a general understanding of the main aspects of mobility (no longer referred to as free movement) and social security coordination, in the Brexit international agreements that govern the relationship of the EU with the United Kingdom: the Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA). The article shows that both topics, mobility (or migration) and social security coordination, were relevant to the origins of Brexit. Before analysing both Brexit Agreements, the article gives a comparative overview of them, considering their principal features and their relationship. The article then analyses the mobility and coordination of social security in each agreement from a practical perspective, giving examples and highlighting the significant differences in coverage that they generate for the different citizens included in their personal scope.
Una vez integrada la Comisión de arbitraje, ésta emitirá su decisión dentro de un plazo no mayor a cuatro meses, prorrogable por un periodo similar, siempre y cuando la Comisión justifique e informe por escrito, y antes de que culminen los cuatro meses iniciales, las razones por las cuales solicita esta prórroga. La decisión de la Comisión será definitiva e inapelable".
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